CONSTITUTION
of the
Association of Road Users of Pakistan
ARTICLE
1- NAME AND HEADQUARTERS:-
The
Association shall be called Association of Road Users of Pakistan
(ARUP). Headquarters of the Association (Country Office) is
located at Unit 9, 1st Floor, Souk Al-Hashir Plaza, Markaz
F10, Islamabad. The office will coordinate activities of
all provincial offices and maintain liaison with other government
offices, donor agencies, road-related offices &
non-government organizations.
ARTICLE
2- AIMS
AND OBJECTIVES:-
The
Association shall have the following aims and objectives:-
a.
Regional
Executive Committees will have the following responsibilities:-
i.
To co-ordinate with all agencies, like
NHA, C&W, local bodies, rural road agencies to make sure
that the roads are made as per design and specification, future
maintenance is done regularly and roads are kept in good condition
and make them sustainable.
ii.
Welfare
of all road users (on motorized vehicles, cyclist, pedestrian,
NMVs etc.) through ensuring maintenance of roads, safety of
road users and healthy / clean environment along the roads.
iii.
Welfare of women,
men & children using road network through proper accident
reporting centres (ARC) &
comprehensive accident victim treatment system (AVTS)
on country wide basis.
iv.
Welfare of all stakeholders through education on proper usage
of roads and through keeping a vigilant eye on all roads from
the planning to implementation stage.
v.
Welfare of road users by working towards reduction in number
of accidents and accident victims.
vi.
In case of any shortcomings
/ defects etc the matter should be reported to provincial
and central offices for taking up the matter with higher authorities.
vii.
To monitor proper and quality construction of all types of
roads.
viii.
Social education, that is, education of adults aimed at developing
road sense and civic responsibility.
ix.
Youth welfare -
to create awareness particularly amongst the youth for road
safety, proper usage of roads and cultivate culture of good
citizenship.
x.
To
create an information network and databank of:Number of transport
Road
length, condition and usage
Maps
Environment
monitoring for air, noise and waste
xi.
Training in social work - to create a workforce at grass root
level with a view to advancing the aims & objectives of
the Association and encouraging the observance of parking,
traffic and loading rules.
xii.
Improvement
in health of road users by creating a dedicated workforce
for monitoring and making every endeavour to minimize roadside
pollution (exhaust noise) monitoring and greening of roads
b)
To
educate members about their responsibilities towards the furtherance
of the aims of the Association.
c)
Education
of all road users and members of the Association through issuing
periodicals, leaflets, bulletins and other publicity materials
to promote the cause of the Association.
d) To
raise funds through admission fees, subscription, donations
and other means permissible under the law’s in force.
e)
To
co-operate and correspond with such National and International
organization which have similar aims and objectives.
f)
To organize Clubs, Cultural, Religious and Social functions
and activities for the benefit of the Association.
g)
To acquire
(purchase or rent) land, buildings, assets, equipment, Government
Securities and moveable and immovable property for the benefit
of the Association.
ARTICLE
3 - MEMBERSHIP:-
Any
citizen of Pakistan can apply for membership on the prescribed
form accompanied by the appropriate subscription as specified
in the Bye-Laws to the respective Secretary who shall place
the application before the Executive Board, which shall have
powers to accept or reject such application. In ease of rejection
written reasons shall be recorded. The Executive Board may
reject the application for membership of any person who has
been convicted in a Court of Law, who is of questionable integrity
or who is known to be dishonest. There shall be three grades
of membership:
i.
Member
ii. Life
Member
iii.
Corporate
Member
ARTICLE 4 – SUBSCRIPTION:-
a)
The Bye-Laws
will specify the subscription applicable to each grade
of membership.
b)
A member
having failed to pay the subscription within the prescribed
period shall be liable to have his/her affiliation canceled
by Executive Board.
c)
A defaulting member on cancellation of affiliation be re-affiliated
on of reasonable explanation to the Executive Board,’ provided
arrears are paid.
ARTICLE
6- RIGHT OF REPRESENTATION:-
All
provincial’ Executive Committees shall be entitled to have
their representative(s) on the Executive Board of the Association.
The
provincial secretariats shall have the right to recall or
change any of its representatives from the General Council
and such representative shall cease to hold any office in
the Association.
ARTICLE
6- FUNDS:-
The
Association shall raise funds by subscription, donations and
by any other means not contrary to the law
and the articles of the Constitution.
a) The
funds shall be utilized for:-
i.
Organizational
expenses of management of the Association.
ii.
Publicity and other activities undertaken by the Association.
iii.
Purchase
or renting of lands and buildings or any other assets for
the use of Association in furtherance of its aims and objectives.
iv.
Any other work within the aims and objectives of the Association.
b)
i.
Funds when not used shall be deposited in the Association’s
bank account or otherwise invested in Government Securities
as may be decided by the Executive Board.
ii.
The Association’s Country Office Bank accounts shall be operated
under the joint signatures of any two of the following:- President,
Secretary General, Secretary Co-ordination, Secretary Finance
and any other nominated member of the Executive Board.
iii.
The
Association’s Provincial Offices Bank Accounts shall be operated
under the joint signatures
of any two of the following:-
Vice
President, Joint Secretary, any two other member of the Provincial
Executive Committee or the. Central Executive Board.
ARTICLE 7 – SECRETARIAT
AND OFFICE / SUB-OFFICES:-
a)
The
Central Secretariat (Country Office) of the Association shall
be situated in Islamabad and the President shall have overall
responsibility for the central secretariat.
b)
Any
office / sub-office established shall be managed by provincial
secretariats under the direct supervision of the central
secretariat.
ARTICLE
8 – OFFICIALS OF THE ASSOCIATION AND THEIR DUTIES AND RESPONSIBILITIES:-
a)
President -
The
President shall:
i.
Preside over all the Executive Board meetings and General
Council Sessions of the Association.
ii.
Be responsible for the smooth running of the Association.
iii.
in case of a tie during voting in any meeting the President
will have the casting vote.
iv.
Approve all payment and expenses bills up to the specified
ceiling as prescribed in the Bye Laws without the prior sanction
of the Executive Board.
v.
To arrange for the audit of the Accounts of the Association
once every fiscal year by registered auditors.
vi.
Remain in office for a tenure of two years from the date of
his / her election. He / She may not be elected for a second
consecutive term but may offer his / her candidature for any
other position on the Executive Board on the completion of
his / her first term. A former President may however, be elected
for a second or further terms provided that these “terms”
do not run consecutively.
b)
Senior Vice President -
i.
The Senior Vice President
shall help the President in performance of his / her duties.
ii.
In the absence of the
President, he/she shall perform the duties of the President.
iii.
In the event of the President’s office falling vacant the
Executive Board may request the Senior Vice President to carry
on the duties of the President till the General Council ratifies
or elects a new President for the remaining term.
c)
Vice President -
i.
The Vice President shall
be the provincial chief of the Association and shall be responsible
for the Association’s interest and organizational work in
their respective areas.
ii.
Preside over all the provincial meetings of the Association.
iii.
Be responsible for the smooth running of the Association in
his / her area of responsibility.
iv.
Will have the casting vote in provincial meetings if there
is a tie.
v.
Approve all payment and expenses vouchers / bills within the
ceiling as specified in the Bye-Laws, without the prior sanction
of the Executive Board.
vi.
To arrange for the audit of the Accounts of the Provincial
/ District office of the Association once every fiscal year
by approved auditors.
vii.
In the absence of the Vice President, the Joint Secretary
shall perform the duties of the Vice President.
viii.
In the event of the Vice President’s office falling vacant
the Executive Board may nominate any other member of the Executive
Board to carry on the duties of the Vice President till the
election of the new Vice President for the remaining term.
d)
Secretary General -
i.
Will be responsible for
the proper execution of the directions issued and resolutions
passed at the General Council Session and Executive Board
meetings.
ii.
Attend to all the correspondence, carry out the policies and
supervise the offices of the Association.
iii.
Convene meetings / sessions and record their proceedings.
iv.
Attend to all such matters as are entrusted to him / her by
the Executive Board and / or General Council.
iiv.
Approve
all payment and expenses within the ceiling as specified in
the Bye- Laws.
e)
Finance Secretary -
The
Finance Secretary shall:-
i.
Receive all monies, hold
in custody and deposit them in the Association’s Bank Account
immediately.
ii.
Maintain (lie Cash Book and allied records such as receipt
vouchers, payment vouchers, Bank Pass Book, cheques etc.
iii.
Be responsible for the scrutiny and proper maintenance of
the accounts of the Country Office and Regional Offices of
the Association. Be one of the nominated signatories, of the
cheques issued by the Country Office.
iv.
Assistant
Finance
Secretaries shall be deputies to the Finance Secretary.
f)
Secretaries -
i.
Shall be the deputies
to the Secretary General at Central office and to Vice Presidents
at provincial offices.
ii.
The Secretaries shall be responsible for safeguarding the
Association’s interests and shall enjoy powers delegated to
them in their respective areas.
g)
Publicity Secretary / Assistant Publicity Secretary -
Shall
be responsible for publicity and making necessary contact
with the Community in the interests of the Association under
the guidance of the Secretary General.
h)
Secretary Coordination -
Shall
be responsible for organizing all kinds of Meetings / Seminars
etc. under the guidance of Secretary General and President.
Shall assist the Secretary General and President in maintaining
close contact with the World Bank and other donor agencies.
He / she shall be responsible for the day to day functions
and the administration of the Country Office.
ARTICLE
9 - GENERAL COUNCIL:
a)
The General Council of
the Association shall be constituted by the representatives
of the members and its session shall be convened on days to
be determined by the Executive Board but shall be held at
least once a year.
b.
The Extra-Ordinary session of the General Council may be convened
as per Article 15 (b) when one third of its members are of
the opinion that the circumstances require it.
c)
The
General Council shall consist of all the elected members of
the six Executive Committees from the Provinces, Azad Kashmir
and the Federal Territory plus the additional six office bearers
from the Executive Board.
d)
The
General Council will elect the following members of the Board:
President,
Senior Vice President, Secretary General, Secretary Coordination,
Secretary Finance, Publicity Secretary as per Article 11 every
two years
ARTICLE
10 - FUNCTIONS OF THE GENERAL COUNCIL:-
a)
To consider and decide
appeals, if any are referred to it, against any decision of
the Executive Board.
b)
Consider
and decide any matter referred to it by the Executive Board.
c)
Take
disciplinary action against any member or office bearer of
the Association if he / she is found guilty of misconduct
or breach of the Bye-Laws.
d)
Elect
the Executive Board as per Article 11 including office bearers
in its Session after every 2 years.
e)
Add,
modify or rescind any of the articles of the Constitution
or rules framed thereunder.
f)
Ratify
or reject action taken or resolutions passed by the Executive
Board.
ARTICLE
11 - EXECUTIVE BOARD:-
The
Executive Board of the Association shall comprise of the office
bearers elected for a tenure of two years in the Annual General
Council and shall consist of:-
a)
One President.
b) One
Senior Vice President.
c) One
Secretary General.
d) One
Finance Secretary.
e)
One Secretary Coordination.
f)
One Publicity Secretary.
g)
Six Vice Presidents (one each from Balochistan
NWFP, Punjab, Sindh,
Azad Kashmir and Capital territory.
h) Six
Joint Secretaries (one each from Balochistan, NWFP, Punjab,
Sindh,
Azad Kashmir and Capital territory
Total Eighteen members
of the Executive Board
At
least 30% (thirty per cent) of the Executive Board shall be comprised of female members
not withstanding that if there are insufficient female members
available the positions may be filled by male members providing
that all reasonable efforts are made to elect as many female
members on to the Executive Board as is possible. These efforts
must be recorded / minuted.
All
members of the Executive Board except the President may hold
the same office for consecutive terms. Not more than two position
of the first five (a-c above) shall be held by members of
the same Province. In the event of any vacancy occurring on
the Executive Board for any reason it may he filled in by
co-option. The Executive Board may also co-opt additional
members on the Board provided that the total number of members
does not exceed that laid down in Article 11 (i) above.
ARTICLE
12 – POWERS AND FUNCTIONS OF THE EXECUTIVE BOARD:-
The
Executive Board shall be responsible for the General directions
and management of the Association for which purposes it shall
have full power and authority to:
a)
Interpret the clauses
of the Constitutions and Bye-Laws framed thereunder and enforce
their observance and compliance.
b)
Decide
all questions with regard to which there are no specific
provisions
in the Constitution, or Bye-Laws framed thereunder and such
decisions shall be fully effective unless they are revised
at the next meeting of the General Council.
c)
Make Bye-Laws subject to these Articles for the proper conduct
of the business of the Association which shall be confirmed,
‘modified or rescinded at the next session of the General
Council.
d)
Appoint Legal /Organization / Education committees/sub committees
either from amongst time members or from persons recommended
by them or if considered necessary, in the interest of the
Association from other persons having specialized knowledge.
c)
Delegate powers to any of its members for any specific purpose.
f)
Select delegates, observers and other persons to attend any
National or International conferences, Educational Courses
etc., which it considers to be in the interest of the Association.
g)
Appoint,
suspend and / or dismiss any salaried employee of the Association.
h)
Suspend / expel any office bearer or any member of the Executive
Board or any member, if in its opinion, the person or the
member has been found guilty of conduct calculated to injure
or bring disrespect to the Association or if any of them have
acted contrary to the Constitution of the Association or the
Bye-Laws framed thereunder. Such suspension / expulsion shall
be subject to review by the General Council and if confirmed,
to effect the removal of the person or disaffiliation of the
member from the Association as the case may be.
i)
Depute persons from amongst its members to attend the provincial
Executive Committee meetings if considered necessary.
j)
Establish
Offices / Sub-Offices at provincial capitals and later at
district / city / town level to coordinate the activities
of the Association and for the smooth running of the Association’s
work.
k)
Receive names of General Council Representatives from Regional
and other offices of the Association.
l)
Fix
the time, dates and places for General Council sessions.
m)
Appoint Chartered Accountants as Auditors and fix their remuneration.
ARTICLE
13 - EXECUTIVE BOARD MEETINGS:
a)
The Executive Board shall
meet at least once every three months.
b)
The Secretary General or in his absence the acting Secretary
General shall convene meetings of the Executive Board.
c)
At least 15 clays notice shall be given, but emergency meetings
may be called on shorter (minimum 4 days) notice.
d)
The notice shall specify time, date, place of the meeting
and the business to be transacted.
e)
Any
other business not specified in the notice may be transacted
with the permission of the Chairperson.
f)
The
Secretary General shall convene the meeting of the Executive
Board if he / she receives a written
request from more than one third of the members of the Executive
Board.
ARTICLE
14 - ANNUAL GENERAL
COUNCIL SESSION:
The
Annual General Council Session of the Association shall be
held once every year. Notice of at least 15 days shall be
given to all the members of the General Council specifying
the time, date and place of the session and the business to
be transacted as under:-
a)
Adoption
of the Annual Report and duly audited statements of accounts
of the Association.
b)
Consideration
of any matter specified in the notice of the session.
c)
Election of the office bearers and members of the Executive
Board.
d)
Consideration of any other matter brought forward with the permission
of the chairperson except changes
in any article of the Constitution or its Bye-Laws.
ARTICLE
15- EXTRA-ORDINARY GENERAL COUNCIL SESSIONS:
The Secretary General or in his /
her absence , the acing Secretary General may call an extra-ordinary session of the General Council of the Association, if:-
a)
So decided by the Executive
Board.
b)
It
is requisitioned in writing by at least one-third members of
the General Council of the Association specifying the purpose
of such requisition.
c)
Notice of at least 5 days shall be given for an extra-ordinary
General Council Session.
ARTICLE
16 - REQUISITIONED SESSIONS:
If a session requisitioned under
Article 15 (b) is not called within one month of the receipt of such
requisition, the signatories of the requisition shall have power to hold the
session after giving due notice to the members of the General Council. Only the
matter specified in the requisition shall be transacted if there is quorum as
laid down in Article 17, but if there is no quorum, the session fails and cannot
be adjourned.
ARTICLE
17:-
a)
For Executive Board meeting
the presence of one
third members
shall form the quorum.
b)
For
the General Council Session participation of at least one-third
of the total number of members shall form the quorum.
c)
If there is no quorum within thirty minutes of the scheduled
time, the meeting session shall be adjourned to another date
when the business shall be disposed off by the members present,
irrespective of the quorum. In case quorum is not complete,
the members present, may if they agree unanimously, continue
to discuss matters as per agenda fixed for the meeting and recommend
decisions taken by them for the ratification at the next meeting
at which a quorum is complete.
ARTICLE
18 - VOTING:-
a.
All
decisions taken at any meeting/session shall be by majority
of votes of the members present. The Chairperson shall have
the casting vote.
b.
Voting
shall be by show of hands except when otherwise decided.
c.
Only
such members shall exercise their vote who have, fully paid
the dues of the Association.
ARTICLE
19 - VOTE OF NO - CONFIDENCE:
If
in the opinion of any member of the Executive Board, an office
- bearer of the Association / Committee / Sub-Committee has
acted in a manner prejudicial to the interests of the Association
and / or its members or has betrayed the confidence of the majority
of the members by his / her / its act of negligence or willful
violation of the Constitution or has lost his / her / its representative
character, the members may requisition an extra-ordinary General
Council Session as per Article 15 "b” to move a vote of
no confidence specifying the reasons. Having given a fair chance
to the office bearer/ Committee / Sub-Committee to defend himself
/ herself / itself, if the vote of no-confidence is carried
by a two / third majority, the person concerned shall be removed
from his office and the Committee/Sub-Committee shall be deemed
to have been dissolved.
ARTICLE 20 - OBLIGATIONS:-
The
following subjects shall be reserved to be exclusively dealt
with by the Executive Board of the Association.
a)
Making
and finalizing all policy decisions in respect of subject and
matters of importance and directly or indirectly affecting
the Association.
b)
Selection
of representatives of the Association to all National and International
Organizations, Conferences, Councils and committees.
c)
National
Co-operation and affiliation.
d)
Any
other matter or matters voluntarily referred to the Association
by the members for decisions and disposal.
ARTICLE
21- OBLIGATIONS OF
MEMBERS:
Every
Members shall:
a)
Endeavour to further the aims and objectives of the Association.
b) Pay the subscription and/or special levies.
c) Extend all possible he!1) to other members.
e) Admit to their Executive/Managing/General Body meeting
any person deputed
by the Association.
f) Carry out instructions and / or directions issued
by the Association and implement
its resolutions and/or decisions.
ARTICLE
22 - -
BENEFITS:
The
members shall be eligible for and
and entitled to all the benefits as are assured by these
articles but no member shall be entitled to any benefit unless
he / she has completed one full year of affiliation and has
paid all dues to the Association.
ARTICLE
23 - ROLLOF THE ASSOCIATION:
The Association
shall maintain a register showing names of the members at central
& provincial levels together with the names, designations.
addresses of their office-bearers and Executive Committee Members,
total membership according to the audited statement of
accounts and the names of their representatives on the General
Council of the Association.
ARTICLE
24 - INSPECTION:
The
records and accounts of the Association shall be open for inspection
to all members of the Executive Board at anytime provided that
prior notice of 15 days in writing has been given to the respective
Secretary.
ARTICLE
25-
AMENDMENTS TO THECONSTITUTION:
The
Articles of the Constitution and the Bye-Laws may be rescinded,
added to modified by a vote of General Council at any time provided
one month’s notice of the proposed amendment is given to the
Secretary General. The Secretary General on receipt of such
proposal shall include the same in the Agenda of the next General
Council Meeting.
ARTICLE
26 - TERMINATION OF MEMBERSHIP:
a)
A
member may request to dis-affiliate from the Association by submitting a written request to
the Executive Board. Such a request will be granted without undue delay.
b)
In
cases where the General
Council decides to terminate the membership of a member,
it must do so In accordance
with the procedure
laid down for the removal of office bearers in Article 19.
ARTICLE 27 - BYE-LAWS:
The
annexed Bye-Laws of the Association of Road Users
of Pakistan form an integral part of this Constitution. These Bye-flaws may
be amended by a two-third majority of the Executive Board at an extra-ordinary
meeting held after providing at least one
month’s notice specifying the proposed amendments. Wherever a conflict
arises between the interpretation of the Bye-Laws and the Constitution, the
Constitution shall prevail
ARTICLE
28- DISSOLUTION:
a)
The decision to dissolve the Association shall be taken at a session of
the General Council by at least 3/4th of the members of the General Council.
b)
All assets of the Association shall be disposed off as decided at the
session provided that such decision is not contrary to the law.
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